Legal Opinion
People v. Wallace
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of, inter alia, murder in the second degree. Defendant argues that the evidence is insufficient to prove that he intended to kill the victim. He argues, in the alternative, that the verdict is against the weight of the evidence.
The victim’s death was caused by manual strangulation. Although intent to kill may not be inferred from the mere fact of *919killing (People v Marrero, 67 AD2d 951), intent "may be inferred from conduct as well as the surrounding circumstances” (People v Steinberg, 79 NY2d 673, 682;…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BarnesNew York Court of Appeals · 1980
- People v. SteinbergNew York Court of Appeals · 1992
- People v. SmithNew York Court of Appeals · 1992
- People v. MarreroAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2008
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1997
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. TimmonsAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1996
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